Dominguez

Florentino Frank Dominguez was convicted by jury of second degree robbery and carjacking, both with the use of a firearm (Pen. Code, §§211, 215, 12022.5), and the court found true allegations of a prior serious felony conviction (Pen. Code, § 667, subd. (a)(1)), and of three prior convictions for which he had served a separate prison term (Pen. Code, § 667.5, subd. (b)) and that appellant’s conviction was a “second strike” pursuant to Penal Code section 667, subdivisions (b) through (i), since he had the prior serious felony conviction. He contends he was improperly convicted of both carjacking and robbery and the evidence is insufficient to support the firearm use enhancement.

This court asked for additional briefing regarding which terms are doubled upon conviction for a “second strike” and whether the new “Three Strikes” law permitted the trial court to strike the Penal Code section 667, subdivision (a), prior serious felony conviction enhancement.

The judgment will be modified and affirmed.

Factual Background

Viewing the evidence in the light most favorable to the judgment (People v. Ochoa (1993) 6 Cal.4th 1199, 1206 [ 26 Cal.Rptr.2d 23 , 864 P.2d 103 ]), about…